Minutes of Meetings of 22Nd and 30 Th September, As Outlined Above.”

MINUTES OF PROCEEDINGS AT MEETING OF LIMERICK CITY AND COUNTY COUNCIL HELD IN THE COUNCIL CHAMBER, DOORADOYLE, LIMERICK, ON MONDAY, 24 TH NOVEMBER, 2014, AT 3.00 P.M.

PRESENT IN THE CHAIR: Councillor K. Sheahan, Mayor.

MEMBERS PRESENT:

Councillors Browne, Butler, Byrne, Collins (J), Collins (M), Crowley, Daly, Donegan, Foley, Galvin, Gilligan, Gleeson, Hourigan, Hurley, Keary, Keller, Leddin, Loftus, Lynch, McCreesh, McMahon, Mitchell, Neville, O’Brien, Cmhlr. Ó Ceallaigh, O’Dea, O’Donnell, O’Donoghue, O’Hanlon, Prendiville, Quinlivan, Ryan, Scanlan, Secas, Sheahan (J), Sheahan (M), Sheehy, Teefy.

OFFICIALS IN ATTENDANCE:

Chief Executive (Mr. C. Murray), Deputy Chief Executive (Mr. P. Dowling), Director, Environment and Water (Mr. K. Lehane), Director, Home and Social Development (Ms. C. Curley), Director, Travel and Transportation (Mr. P. Crowe), Director, Economic Development and Planning (Mr. P. Daly), A/Director, Community, Leisure and Emergency Services (Mr. D. Brady), Senior Planner (Mr. G. Sheeran), Meetings Administrator (Ms. T. Knox), Staff Officer, Corporate Services (Ms. V. Thompson).

1. Adoption of Minutes

Circulated, copy of draft Minutes of the following Meetings:

(a) Special Meeting of the Council held on 19 th September, 2014. (b) Ordinary Meeting of the Council held on 22 nd September, 2014. (c) Special Meeting of the Council held on 30 th September, 2014. (d) Special Meeting of the Council held on 6 th November, 2014.

The Meetings Administrator stated that an amendment to the Minutes of the Meetings of 22nd and 30 th September was required as the name of the Director of Economic Development and Planning, Mr. Pat Daly, had been inadvertently omitted from the attendance.

Proposed by Councillor O’Brien; Seconded by Councillor Scanlan; And Resolved:

“That, the draft Minutes, as circulated, be taken as read and adopted and signed, subject to the amendment to the Minutes of Meetings of 22nd and 30 th September, as outlined above.”

2. Disposal of Land

(a) Circulated, copy of Statutory Notice dated 4 th November, 2014, concerning disposal of land at 33 Kilmurry Court (Cuirt Cill Mhuire), Garryowen, Limerick.

Proposed by Councillor Collins (M); Seconded by Councillor O’Hanlon; And Resolved:

“That, the approval of the Council be and is hereby given to the disposal of freehold interest (rental equity) to Purchaser Holding under a Shared Ownership Leasehold Interest, the premises consisting of a dwelling house situated at 33, Kilmurry Court (Cuirt Cill Mhuire), Garryowen, Limerick, outlined in red on Drawing No. LA 1002 (as circulated), the area of the premises comprising 0.042 hectares, and consisting of a Land Registry Freehold Title. The disposal is to Patrick Mullins, 33, Kilmurry Court (Cuirt Cill Mhuire), Garryowen, Limerick, for the sum of €16,286.60, with legal fees to be paid by Patrick Mullins, and the disposal to be carried out by way of Deed of Conveyance of the interest of the Council in the property, particulars of which were contained in Statutory Notice dated 4 th November, 2014.”

(b) Circulated, copy of Statutory Notice dated 4th November, 2014, concerning disposal of land at 12, The Path (An Casan), Garryowen, Limerick.

Proposed by Councillor Collins (M); Seconded by Councillor O’Hanlon; And Resolved:

“That, the approval of the Council be and is hereby given to the disposal of freehold interest (rental equity) to Purchaser Holding under a Shared Ownership Leasehold Interest, the premises consisting of a dwelling house situated at 12 The Path (An Casan), Garryowen, Limerick, outlined in red on Drawing No. LA1003 (as circulated), the area of the premises comprising 0.0141 hectares, and consisting of a Land Registry Leasehold Title. The disposal is to Patrick Lipper and Mary Roche, 12 The Path (An Casan), Garryowen, Limerick, for the sum of €16,819.40, with legal fees to be paid by Patrick Lipper and Mary Roche, and the disposal to be carried out by way of Deed of Conveyance of the interest of the Council in the property, particulars of which were contained in Statutory Notice dated 4 th November, 2014.”

(c) Circulated, copy of Statutory Notice dated 4 th November, 2014, concerning disposal of land at 20, Linden Court, Kennedy Park, Limerick.

Proposed by Councillor Collins (M); Seconded by Councillor O’Hanlon; And Resolved:

“That, the approval of the Council be and is hereby given to the disposal of freehold interest (rental equity) to Purchaser Holding under a Shared Ownership Leasehold Interest, the premises consisting of a dwelling house situated at 20 Linden Court, Kennedy Park, Limerick, and outlined in red on Drawing No. LA 1004 (as circulated), the area of the premises comprising 0.0158 hectares, and consisting of a Land Registry Leasehold Title. The disposal is to Mark and Antoinette Higgins of 20 Linden Court, Kennedy Park, Limerick, the rental portion of the Shared Ownership Loan having been redeemed in full on 25 th April, 2002, with legal fees to be paid by Mark and Antoinette Higgins, and the disposal to be carried out by way of Deed of Conveyance of the interest of the Council in the property, particulars of which were contained in Statutory Notice dated 4 th November, 2014.”

3. Corporate Services

(a) Alternative Title to Cathaoirleach

The Chief Executive stated that there was a provision clearly made in legislation (Section 32(4) and Schedule 8 of the Local Government Act, 2001), in relation to changing the title of Cathaoirleach of the Council. In order to avoid confusion, the title of Mayor was clearly understood whereas the title of Cathaoirleach was not. He stated that it was within the role of the Council to change the title and that Councillor Kevin Sheahan’s title going forward, if approved, would be Mayor of the City and County of Limerick and Councillor Crowley’s title would be Deputy Mayor of the City and County of Limerick. The Chief Executive was recommending these changes.

Following considerable discussion on the subject, Councillor Collins (M) proposed changing the title of Cathaoirleach to Mayor of the City and County of Limerick. This proposal was seconded by Councillor Gilligan.

Councillor Sheahan (M) stated that he was not in agreement and proposed an Amendment that the matter be deferred for a period of 3 months. This proposal was seconded by Councillor Sheahan (J).

The Meetings Administrator stated that a vote on the Amendment would be taken first and the result of the voting was as follows:

For

Councillors Butler, Byrne, Galvin, Hourigan, Hurley, Keary, Mitchell, Neville, O’Donnell, Scanlan, Sheahan (K), Sheahan (M). (12)

Against

Councillors Browne, Collins (J), Collins (M), Crowley, Daly, Donegan, Foley, Gilligan, Gleeson, Leddin, Lynch, McCreesh, McMahon, O’Brien, Cmhlr. Ó Ceallaigh, O’Donoghue, O’Hanlon, Quinlivan, Ryan, Secas, Sheahan (J), Sheehy, Teefy. (23)

Abstentions

Councillors Keller, Loftus, Prendiville. (3)

The Meetings Administrator declared the Amendment defeated.

Following some further discussion, it was agreed to take a vote on the proposal to change the title of Cathaoirleach to Mayor of the City and County of Limerick, as proposed by Councillor Collins (M) and seconded by Councillor Gilligan.

The result of the voting was as follows:

For

Against

Councillors Butler, Byrne, Galvin, Hourigan, Hurley, Keary, Mitchell, Neville, O’Donnell, Scanlan, Sheahan (J), Sheahan (M). (12)

Abstentions

Councillors Keller, Loftus, Prendiville. (3)

The Meetings Administrator declared the proposal to change the title of Cathaoirleach to Mayor of the City and County of Limerick as carried.

Chambers Ireland Awards Ceremony

The Mayor informed the Meeting that Limerick City and County Council had won 3 categories at the recent Chambers Ireland Awards Ceremony for - Smarter Travel, Local Authority Innovation through the Merger Process and the overall prize for The Best Local Authority in Ireland. He stated that this had been achieved by Management, Staff, Unions and Members. The Chief Executive acknowledged the efforts of the Staff and Elected Members in these achievements. The Mayor stated that the trophies were on display in the Chamber.

Vote of Congratulations

With the Mayor’s permission, Members congratulated Kilmallock on their achievement in winning the Munster Club Hurling Final and it was stated that the team would be honoured on Thursday, 27 th November, 2014, following the Cappamore-Kilmallock Municipal District Meeting. Ballylanders were also congratulated.

(b) Chief Executive’s Report

Circulated, Chief Executive’s Reports for the months of September and October.

The Director of Corporate Services, Human Resources and Change Management informed the Meeting that under Section 136 of the Local Government Act, 2001, it was a requirement that the Chief Executive produce a monthly report in relation to the performance of his/her Executive Functions. As Meetings of the Council were now being held on a bi-monthly basis, the Director advised that a resolution was required under Section 136 (2) to bring the report to the Council on a bi-monthly basis as part of the Council Meeting Agenda.

Proposed by Councillor Byrne; Seconded by Councillor O’Hanlon; And Resolved:

“That, the approval of the Council be and is hereby given, in accordance with the provisions of Section 136(2) of the Local Government Act, 2001, that reports of the Chief Executive be brought to the Council on a bi-monthly basis as part of the Council Meeting Agenda.”

Members welcomed the Chief Executive’s Reports and raised a number of queries in relation to them. These queries were answered by the various Directors present at the Meeting.

Circulated, report of the Meetings Administrator dated 18 th November, 2014, together with copy of Draft Strategic Policy Committee Scheme 2014-2019.

The report stated that an initial Draft Strategic Policy Committee Scheme was considered at the September Meeting and was subsequently put on public display for a period of one month to allow for the making of submissions. The National Key Stakeholder Pillars were circulated with copies of the Draft Scheme and were also invited to make submissions in relation to same. The closing date was Monday, 17 th November, and submissions were received from the Agriculture/Farming and Environment/Conservation Pillars.

The proposed Sectoral Representation on each Strategic Policy Committee was now outlined in the Draft Scheme circulated and the Council was required to consider this, along with the adoption of the Scheme. Following adoption, it was proposed to write to the various Pillars outlined and the Public Participation Network (PPN) seeking nominations of Sectoral members to the 5 Strategic Policy Committees. One month would be allowed for receipt of nominations.

The report went on to say that a total of 80 vacancies across the 5 Committees were required to be filled by Local Authority Members, with 16 Members to be elected to each Committee and taking into consideration that the Chairs- Designate appointed at the Inaugural Annual Meeting in June should each be nominated to the Committee that they would chair. The Grouping system provided for under Paragraph 18 of Schedule 10 of the Local Government Act, 2001, applied to the appointments and there was an overriding requirement that each Councillor be represented on two Committees.

It was now recommended that (i) the Draft Scheme as circulated, which included the proposed Sectoral Representation, be adopted; (ii) the Chairs- Designate be assigned to each Strategic Policy Committee; and (iii) the Council Members be appointed to each Committee.

Proposed by Councillor Sheahan (J); Seconded by Councillor Collins (M); And Resolved:

“That, the Strategic Policy Committee Scheme, as circulated, be and is hereby adopted.”

“That, Chairs-Designate be assigned to Strategic Policy Committees as follows for a 3-year term:

Strategic Policy Committee Chair Home and Social Development Councillor Michael Donegan Travel and Transportation Councillor Maurice Quinlivan Economic Development, Enterprise Councillor Noel Gleeson and Planning Community, Leisure and Councillor Francis Foley Emergency Services Environment Councillor Michael Hourigan

“That, the following Members be appointed to Strategic Policy Committees as set out:

Home and Social Development

Councillors O’Donnell, Sheahan (J), Galvin, Scanlan, Keary, Neville, McMahon, Quinlivan, Prendiville, Keller, Leddin, Donegan (Chair), Clifford, Foley, O’Dea, O’Donoghue, Teefy, Gilligan. 7

Travel and Transportation

Councillors Daly, Secas, Byrne, Sheahan (M), Mitchell, Neville, Butler, Quinlivan (Chair), Browne, Loftus, Clifford, Collins (M), Donegan, Lynch, O’Donoghue, O’Hanlon, O’Brien.

Economic Development, Enterprise and Planning

Councillors Gleeson (Chair), Butler, Byrne, Sheahan (J), Galvin, Keary, Browne, Sheehy, Cmhlr. Ó Ceallaigh, Prendiville, Leddin, Collins (J), O’Dea, Ryan, Sheahan (K), O’Brien.

Community, Leisure and Emergency Services

Councillors Hourigan, Sheahan (M), Hurley, O’Donnell, Mitchell, Sheehy, McMahon, Cmhlr. Ó Ceallaigh, McCreesh, Loftus, Foley (Chair), Collins (M), Crowley, Lynch, Sheahan (K), Teefy.

Environment

Councillors Daly, Secas, Hourigan (Chair), Scanlan, Hurley, Quinlivan, McCreesh, Keller, Collins (J), Crowley, Gleeson, O’Hanlon, Ryan, Gilligan.

(d) RAPID Action Implementation Team for Rathkeale

The Meetings Administrator stated that the nomination of 1 Member was required to represent Limerick City and County Council on the RAPID Action Implementation Team for Rathkeale.

It was proposed by some Members that this Item be deferred but other Members objected since this had happened on previous occasions. Councillor Browne proposed Councillor McMahon and this was seconded by Councillor Quinlivan. Councillor Sheahan (J) proposed Councillor Keary and this was seconded by Councillor Galvin. The Mayor had also been nominated but withdrew.

A five minute adjournment was proposed by Councillor Collins (M), seconded by Councillor Sheahan (J), and agreed. Following the adjournment, the Meetings Administrator stated that a vote would be taken and the result of the voting was as follows:

For Councillor McMahon

Councillors Browne, Gilligan, McCreesh, McMahon, O’Brien, Cmhlr. Ó Ceallaigh, Quinlivan, Sheahan (K), Sheehy, Teefy. (10)

For Councillor Keary

Councillors Butler, Byrne, Collins (J), Collins (M), Crowley, Daly, Donegan, Foley, Galvin, Gleeson, Hurley, Keary, Leddin, Lynch, Mitchell, Neville, O’Donnell, O’Donoghue, O’Hanlon, Ryan, Scanlan, Sheahan (J), Sheahan (M). (23)

Abstentions

Councillors Keller, Loftus, Prendiville, Secas. (4)

The Meetings Administrator declared Councillor Keary appointed to represent Limerick City and County Council on the RAPID Action Implementation Team for Rathkeale.

(e) Regional Health Forum West

The Meetings Administrator stated that the Council was required to consider the nomination of 1 Member to the Regional Health Forum West consequent on the resignation of Councillor Mitchell from the Forum.

Proposed by Councillor Sheahan (J); Seconded by Councillor Galvin:

“That, Councillor Byrne be appointed to the Regional Health Forum West.”

Proposed by Councillor Browne; Seconded by Councillor Quinlivan;

“That, Councillor McMahon be appointed to the Regional Health Forum West.”

Proposed by Councillor Keller; Seconded by Councillor Loftus;

“That, Councillor Prendiville be appointed to the Regional Health Forum West.”

The Meetings Administrator stated that a vote would be taken and the result of the voting was as follows:

For Councillor Byrne

Councillors Butler, Byrne, Collins (J), Collins (M), Crowley, Daly, Donegan, Foley, Galvin, Gleeson, Hourigan, Hurley, Keary, Leddin, Lynch, Mitchell, Neville, O’Brien, O’Donnell, O’Hanlon, Scanlan, Secas, Sheahan (J), Sheahan (K), Sheahan (M), Teefy. (26)

For Councillor McMahon

Councillors Browne, Gilligan, McCreesh, McMahon, Cmhlr. Ó Ceallaigh, O’Donoghue, Quinlivan, Ryan, Sheehy. (9)

For Councillor Prendiville

Councillors Keller, Loftus and Prendiville. (3)

There were no abstentions.

The Meetings Administrator declared Councillor Byrne appointed to the Regional Health Forum West to fill the vacancy caused by the resignation of Councillor Mitchell from the Forum.

(f) Association of Irish Local Government

Circulated, correspondence dated 6th November, 2014, received from the Association of Irish Local Government (AILG).

Some Members stated that there was unfair representation in that there would be 3 Members from the City area and none from the County on the Association.

With the permission of the Mayor, it was agreed to take Item 5 on the Agenda at this time.

5. Finance, Motor Tax and ICT

(a) Fixing of Date – Budget Meeting

The Meetings Administrator stated that a date had been agreed by the Corporate Policy Group for the Budget Meeting.

On the proposal of Councillor Sheahan (J), seconded by Councillor Collins (M), it was agreed that the Budget Meeting would be held on Monday, 12 th January, 2015, at 2.30 p.m.

(b) Overdraft Accommodation

(i) The Head of Finance stated that approval was required to overdraft accommodation amounting to €31.5 million for the twelve month period ending 31st December, 2015.

The Head of Finance explained that the request for approval for overdraft accommodation was made each year to Members. In response to some queries raised, he stated that the previous year it had not been necessary to use any of the overdraft. He further clarified that it was merely a safeguard since a number of grant payments to the Council were made retrospectively. He also responded that the interest rate for the overdraft was 2.25% and that the Council was constantly working with the Bank in this regard.

Proposed by Councillor Leddin; Seconded by Councillor O’Hanlon; And Resolved:

“That, the approval of the Council be and is hereby given to overdraft accommodation in the sum of €31.5 million for the twelve month period ending 31st December, 2015, subject to the sanction of the Minister for the Environment, Community and Local Government, in accordance with Section 106 (2) of the Local Government Act, 2001, as amended.”

(ii) The Head of Finance referred to the resolution adopted at the September Meeting approving the terms of an overdraft facility and various terms loans being made available by Allied Irish Banks to the Council, subject to the terms and conditions in letter of sanction dated the 3 rd July, 2014, addressed by the Bank to the Council. He stated that there was an error in that the letter of sanction was dated 19 th September, 2014. Accordingly, it would be necessary to rescind the previous resolution and a new resolution was now required.

Proposed by Councillor Sheahan (J); Seconded by Councillor Leddin; And Resolved:

“That, in accordance with Section 106 of the Local Government Act, 2001, the approval of the Council be and is hereby given to the terms of an overdraft facility amounting to €37,500,000 and the terms of various term loans amounting to €3,220,299 to be made available by Allied Irish Banks, p.l.c. to Limerick City and County Council, subject to the terms and conditions referred to in the letter of sanction dated 19 th September, 2014, addressed by the Bank to the Council. This resolution rescinds previous resolution adopted at Meeting of the Council held on 22 nd September, 2014.”

4. Economic Development and Planning

Taking in Charge of Estates – Declaration of Roads to be Public Roads

Circulated, report of Director of Economic Development and Planning dated 3rd November, 2014, in relation to the taking-in-charge of a number of estates as outlined. 11

The report stated that in accordance with Section 180 of the Planning and Development Acts, 2000-2014, and Section 11 of the Roads Act, 1993, public notice was given of the intention of the Council to consider the matter, drawings of the estates were put on public display and submissions were invited from the public on the proposed take-over of the estates and the declaration of the roads to be public roads. No submissions had been received.

Members mentioned a number of estates that had not been taken-in-charge and also associated problems like lighting not working and poor access. The Mayor stated that those issues should be discussed at Metropolitan or Municipal District level and not at full Council Meetings. A number of Members welcomed the taking- in-charge of the 9 estates . It was requested that a listing be provided to Members of the plebiscites and submissions to have estates taken-in-charge.

Proposed by Councillor Galvin; Seconded by Councillor Sheahan (J); And Resolved:

“That, the following estates - (i) Avondale Court, Corbally Road, Limerick; (ii) Bloomfield, Annacotty; (iii) Cedarville, Abbeyfeale; (iv) Coonagh Court, Doon; (v) Laurel Hill Court, Summerville Avenue, South Circular Road, Limerick; (vi) Lucas Drive, Lower Park, Corbally, Limerick; (vii) Maple Court, Killarney Road, Abbeyfeale; (viii) The Belfry, Abbeyfeale; (ix) Towerfield, Croom - be taken in charge, in accordance with Section 180 of the Planning and Development Acts, 2000-2014 and Section 11 of the Roads Act, 1993.”

6. Home and Social Development

Raising of Loan – Clúid Housing Association

Circulated, report of the Director of Home and Social Development dated 11 th November, 2014.

The report stated that Clúid Housing Association had been approved a loan of €2,353,459 in January 2009 and that following previous approval of the Council, €2,300,000 of the loan had been drawn down and paid to Clúid. The final account had been examined by the Department of the Environment, Community and Local Government and a further €90,263 had been approved. The approval of the Council to raising a loan of €90,263 was being sought.

Members stated that there had been a number of problems with developments built by Clúid in the past and that the Council should take a more proactive role in the supervision of the works.

Following considerable discussion, it was agreed that clarification be sought on what the funding was to be used for. It was proposed by Councillor Galvin, seconded by Councillor Scanlan, and agreed that the item be deferred until such time as it was ascertained what the funding was for and that the matter be discussed at a Meeting of the Municipal District and then brought back to the full Council. 12

Suspension of Standing Orders: As the time was approaching 5.30pm, on the proposal of Councillor Galvin, seconded by Councillor Sheahan (J), Standing Orders were suspended in order to complete the Agenda.

The issue of the Mayor’s intention to visit London was then discussed at length. Generally speaking, Members supported the Mayor’s proposal to visit London where he would meet with a number of Irish immigrants. Former Cathaoirligh and Mayors spoke on the matter and it was felt that foreign visits were good public relations exercises and formed part of the duties of the Office. It was stated that if even one job were created as a result, then it would be worthwhile.

7. Conferences

• Participation by Members at Conferences

Details of the following Conferences had been circulated electronically to the Members: (a) ICSH Housing Finance Conference held in Limerick on 9 th /10 th October, 2014; (b) Conference ‘Charities – How Bad Media Has Affected Them – held in Clondalkin, Dublin, on 10 th /12 th October, 2014; (c) Conference ‘Fracking’ held in Clondalkin, Dublin, from 24 th to 26 th October, 2014; (d) Seminar ‘Microsoft Excel Workshop for Councillors’ held in Clonakilty, Co. Cork, from 31 st October to 1 st November, 2014; (e) Seminar ‘Budget 2015 Review’ held in Clonakilty, Co. Cork, on 7th /8 th November, 2014; (f) Seminar ‘MABS and the Insolvency Service of Ireland’ held in Clonakilty, Co. Cork, on 14 th /15 th November, 2014; (g) NYCI Annual Conference 2014 held in Dublin on 17 th November, 2014; (h) Conference ‘ Meeting Management Principles and Best Practice’ to be held in Clonakilty, Co. Cork, on 21 st /22 nd November, 2014; (i) Joint Regional Assemblies Annual Conference to be held in Wexford on 28 th November, 2014; (j) Seminar ‘Funding Public Services – General Taxation or What?’ to be held in Edgeworthstown, Co. Longford, on 28 th /29 th November, 2014; (k) Seminar ‘The Effects of Budget 2015’ to be held in Clonakilty, Co. Cork, on 28 th /29 th November, 2014; (l) Seminar ‘Alignment of Local Government and Local Development’ to be held in Galway on 5 th /6 th December, 2014; (m) Seminar ‘Housing and Local Government’ to be held in Leighlinbridge, Co. Carlow, on 5 th /6 th December, 2014; (n) Seminar ‘Charities, Regulation and Legislation’ to be held in Clonakilty, Co. Cork, on 5 th /6 th December, 2014; (o) Seminar ‘Protected Disclosures Act 2014’ to be held in Galway on 12 th /13 th December, 2014; (p) Nuclear Free Local Authorities All Ireland Forum to be held in Dublin on 12 th December, 2014; (q) Conference on Tourism, Technology and Competitive Strategies for 2015 to be held in Carlingford, Co. Louth, from 12 th to 14 th December, 2014. On the proposal of Councillor Galvin, seconded by Councillor Sheahan (J), it was agreed that the following Members would attend:

Clonakilty, Co. Cork (21 st /22 nd November, 2014): Councillors Lynch and Gilligan.

Wexford: Councillors O’Hanlon and Collins (M).

Galway (5 th /6 th December, 2014): Councillors Gleeson and Donegan.

Clonakilty, Co. Cork (5 th /6 th December, 2014): Councillors Galvin and Daly.

Leighlinbridge, Co. Carlow: Councillor Scanlan.

Galway (12 th /13 th December, 2014): Councillor Sheahan (J).

Dublin (12 th December, 2014): Councillor O’Hanlon.

Carlingford, Co. Louth: Councillor Sheahan (M).

• Reports on Conferences

Circulated, reports by Members who had participated at Conferences. The reports were noted by the Members.

QUESTIONS

Replies to the following Questions on the Agenda were circulated to all Members prior to the Meeting and the Questions were therefore considered as having been dealt with:

8. Question submitted by Councillor L. Galvin

I will ask at the next Meeting if all storage heaters can be removed from the Council’s housing stock where possible and replaced with more energy efficient systems.

REPLY: Yes, it would be the intention of the Council to replace storage heaters where possible. However, this will be dependant on funding available from the Department of the Environment, Community and Local Government.

9. Question submitted by Councillor L. Galvin

I will ask at the next Meeting for the following information in relation to agricultural water meters (a) does the standing charge of €200 / year still apply; If so what allowance is given for multiple meters; (b) what rate will Irish Water be charging / litre; (c) what allowance, if any, will apply to farmers; and (d) what happens where leaks are found regarding write-offs.

REPLY: (a) Limerick City and County Council is acting as an agent for Irish Water. Terms and conditions in relation to the issuing of water bills, specific to each of the former Local Authorities, remain unchanged. On former County accounts, where a customer has a third and subsequent meter on their account, the standing charge is reduced on the third and subsequent meter to €50 per six months.

(b) Water charges are to be clarified by Irish Water.

(c) On account with multiple meters, the standing charge is reduced on the third and subsequent meter to €50 per six months. Where a connection has a domestic element, a domestic allowance is allowed amounting to 228m3 per six months.

(d) If a customer experiences a leak on their water connection, resulting in a higher than average water charge, Limerick City and County Council may on occasion apply a leak write-off to the account. Proof must be supplied that the leak is fixed and information in relation to the finding of same must be provided. The write-off is calculated based on an analysis of average water use. The usage in excess of this average figure is attributed to the leak and, where feasible, a 25% reduction is applied to the additional leak usage. Permission must be sought from Irish Water to apply such a write-off to the account.

10. Question submitted by Councillor J. Collins

I will ask at the next Meeting that following the recent announcement by the Council to the media on the disposal of the Belltable Arts Centre and Sarsfield Credit Union buildings on O'Connell Street, is the Chief Executive Officer satisfied that appropriate policy, procedure, transparency and correct governance have been applied to this disposal of Council property and that the process of appointments to the new Board of Directors of the Limerick Arts and Cultural Centre Limited was also properly applied.

REPLY: No disposal of the properties mentioned in this Question has taken place. The normal statutory requirements under Section 183 of the Local Government Act, 2001, will be complied with regarding any such disposals.

Consultation on a proposed future company structure and strategy for 69 O’Connell Street has taken place and which included a World Café with practitioners, on-line survey and questionnaires.

The report on the proposed strategy called for the establishment of a Steering Committee comprising of The Lime Tree Theatre, Limerick City and County Council, Music Generation and independent practitioners who would be tasked with charting a future for 69 O’Connell Street.

The draft report of the Steering Committee will be presented to the Council for discussion and consideration.

NOTICES OF MOTION

11. Notice of Motion submitted by Councillor E. O’Brien

I will move at the next Meeting that the Council explores the possibility and feasibility of online live streaming and/or provision of pod casts and/or video recordings of Council Meetings on the Limerick City and County Council website, within 7 days post meeting.

Councillor O’Brien, in proposing the Motion, stated that this would be an important initiative in terms of youth exposure to the workings of the Council.

Councillor Teefy seconded the Motion.

It was agreed that this matter would be brought to the Corporate Policy Group for discussion.

12. Notice of Motion submitted by Councillor J. Gilligan

I will move at the next Meeting that, for all future developments of over five houses, this Council put in place a system where all householders are contacted with a view to having them request the Council to have their estate taken-in-charge within five years of the granting of a Commencement Notice.

Councillor Gilligan, in proposing the Motion, stated that Limerick City and County Council should become much more proactive in this regard and that all housing estates should be taken-in-charge after a period of 5 years.

Councillor Sheahan (J) seconded the Motion with the proviso that housing estates were to be taken-in-charge once all snag lists had been completed.

13. Notice of Motion submitted by Councillor S. Browne

I will move at the next Meeting that Limerick City and County Council supports the Carers’ Association and calls on the Minister for Social Protection to amend the Social Welfare Bill to make provision for the restoration of the Respite Care Grant.

Councillor Browne, in proposing the Motion, stated that Limerick City and County Council needed to recognise the home as being the centre of care within the community. He proposed that the Council write to the Minister for Social Protection to restore the respite care grant.

Councillor McMahon seconded the Motion.

Councillor Collins (M) said he wished to make an amendment to the Motion to include the following: to restore - cuts to Jobseeker's Allowance for under 25s; child benefit to its former allowance; maternity benefit where the Minister had made it taxable; back to school footwear and clothing allowance; €300 education allowances; redundancy rebate; household benefits package including the telephone allowances; the core weekly social welfare payment of Jobseekers which was cut by 3 months to 9 for full PRSI contributors and 6 months for partial contributors; the Fuel allowance; back to school allowance which was slashed by changing the age eligibility; the cut to one parent family allowance; farm assist which was hit with new income restrictions.

Members stated that the emphasis of the Motion was Respite Care and that the spirit of the Motion was related to Carers.

Following further discussion, it was agreed that the original Motion, as proposed by Councillor Browne and seconded by Councillor McMahon, would be forwarded to the Minister for Social Protection.

14. Notice of Motion submitted by Councillor C. Prendiville

I will move at the next Meeting that the Members of the Council call on the Executive to guarantee that Council tenants will not face any trouble from the Council, or threat of eviction, for the non-payment of water charges or other arrears on water bills prior to what now appears to be an inevitable withdrawal of the charge by the Government under massive pressure from the protest movement against such charges.

Councillor Prendiville, in proposing the Motion, stated that this was a very pressing and important matter. He added that many Council tenants were struggling to make their rent payments. He stated that related penalties would not come into effect until 2016.

Councillor Loftus seconded the Motion.

The Mayor indicated that Notices of Motion Nos. 15 and 18 would be taken together:

15. Notice of Motion submitted by Councillor D. Butler

I will move at the next meeting that the speed limits for residential estates be reduced from 50 km/h to 30 km/h on a phased basis in order to ensure the safety of children at play and general pedestrian population.

18. Notice of Motion submitted by Councillor M. Byrne

I will move at the next meeting that this Council welcomes Circular RSD 01/2014 on the Control of Vehicle Speeds in Housing Estates, issued by Paschal Donohoe TD, Minister for Transport, Tourism & Sport, to all Local Authorities (following his meeting with the ‘Jake’s Legacy Campaign’) requiring an examination of speed limits in residential areas and housing estates to improve road safety for cyclists and pedestrians, especially children; and that this Council, in line with the Circular, initiate consultation with residents across our county with a view to determining the need for new bye-laws for 30 km/h limits for residential estates and additional selected safety zones.

Councillor Butler, in proposing his Motion, stated that this was a matter of traffic calming measures and the examination of speed limits in estates across the County. He stated that the cost of one ramp was €3,200 and that therefore the costs involved for all housing estates would be considerable. He added that the speed limit should therefore be reduced to 30 km/h.

Councillor Byrne proposed her Motion.

Councillor Neville seconded both Motions and pointed out that there were 2/3 cars in almost every house in estates.

Members generally supported the Motion.

With the permission of the Mayor, Councillor O’Donoghue proposed the following Motion:

“I will move at the next Meeting that Limerick City & County Council insist that the National Roads Authority and Limerick City & County Council, without delay, put a plan in place to ensure the safety of road- users, pedestrians and residents in relation to the stretch of the N20 from Anhid Cross to Rockhill Cross and including Hynes' Cross, Banogue Cross and Banogue Village and O'Rourke's Cross. Safety measures must include a review of signage, road-markings, lighting and road surface as this stretch of road is not fit for purpose and has resulted in 20 fatalities in ten years, accidents in double-figures and daily 'near-misses' .

Councillor O’Donoghue stated that the speed limit in Banogue was 50 km/h and that the road was not fit for purpose. He added that he had made several submissions to the National Roads Authority in this regard. 18

Councillor Donegan, in seconding the Motion, said that 90% of the traffic going through O’Rourke’s Cross was breaking the speed limit.

16. Notice of Motion submitted by Councillor E. Secas

I will move at the next meeting that Limerick City and County Council make waste bye-laws for city and county as soon as possible for the purpose of regulating and controlling the early morning collection of waste.

Councillor Secas, in proposing the Motion, stated that there were collections taking place as early as 5.00 a.m. and that this was impacting negatively on people’s lives.

Councillor Collins (M), in seconding the Motion, stated that in Newcastle West, operators were collecting waste at 2.00 a.m.

Members generally felt that this was an issue that needed regulation as there were also business premises whose waste was not being collected until after midday.

REPLY: Draft bye-laws, the ‘Limerick City and County Council, Storage, presentation and Collection of Household and Commercial Waste Bye- Laws’ are currently in the course of preparation and will be brought for consideration to the Environmental Strategic Policy Committee as soon as possible following the establishment of the Strategic Policy Committees early in 2015.

An article dealing with collection times for household or commercial waste will be included in the draft bye-laws for consideration by the Members.

With the permission of the Mayor, Councillor Gilligan proposed the following Motion:

“I will move at the next Meeting that this Council, recognising the enormous generosity shown by Mr. J.P. McManus, welcome his decision to hold another Golf Classic, the proceeds of which go to worthy causes, and requests the Government not to deduct the considerable time he will have to spend organising the event from his tax residency allowance. I further move that this Motion be circulated to all TDs in the Mid-West area.

Councillor Gilligan stated that J.P. McManus had given well over €100m and time and energy to local charities and that this needed to be acknowledged.

The Motion was seconded by Councillor Donegan and agreed.

In response to a suggestion that there should be a Civic Reception held in his honour, the Mayor pointed out that Mr. McManus had received the highest possible honour from Limerick County Council and it was further stated that he had been granted the Freedom of the City.

With the permission of the Mayor it was agreed to take Item No. 26 at this time:

26. Notice of Motion submitted by Councillor L.M. Sheehy

I will move at the next Meeting that an amendment be made to Standing Orders to change the full Council Meeting sittings from bi-monthly to monthly.

Councillor Sheehy, in proposing the Motion, stated that it was very important in order to complete the business of the Council and that monthly meetings were required.

Councillor Browne, in seconding the Motion, stated that Members and officials were there to carry out the business of the people and that Strategic Policy Committees would start reporting back which would require monthly meetings.

The Mayor stated that Meetings should start at 10.00 a.m., break for lunch and resume until the Agenda was complete.

Some Members felt that the problem was with the size of the Council and that all 40 Members were entitled to express their views on various issues.

Councillor Collins (M), who was against the Motion, proposed that it should be discussed by the Corporate Policy Group and Party Leaders and this proposal was seconded by Councillor Donegan and agreed.

It was also agreed that this Motion would be included on the agenda for the January 2015 Council Meeting.

17. Notice of Motion submitted by Councillor L. Galvin

I will move at the next meeting that Limerick City and County Council calls on the Minister for the Environment, Community and Local Government to review the declaration of ‘off the road’ vehicles when declared off the road and that the system in England, i.e. ‘Lifetime’ declaration and not ‘Annual’ be used.

Councillor Galvin, in proposing the Motion, stated that any vehicles which were not being used should not be required to make an annual declaration. In the event that they were brought back into use, they could then be declared . He requested that this Motion be circulated to all Local Authorities and this was agreed.

Councillor Sheahan (J), in seconding the Motion, stated that it made sense and that a vehicle which had not been used for some time could be declared back on the road if necessary.

The Motion was supported by the Council.

It was noted that Item No. 18 had been dealt with earlier in the Meeting.

The Mayor, in proposing Motion No. 19 submitted by him, stated that he would take his own Motion and Motion No. 25 together.

19. Notice of Motion submitted by Councillor K. Sheahan, Mayor

I will move at the next meeting that Limerick City and County Council would accept my proposal of a Special Committee, which I have formed for the purpose of giving advice to the full Council, by presenting a draft proposal of plans to commemorate all events pertaining to the 1916 Rising. These events would commence with the celebration of the centenary of the founding of Cumann na mBan and follow on to mark the other significant dates in our history up to 1923. The Committee I have selected consists of the five persons who have been agreed to be the 5 Cathaoirligh over the life of this Council together with the five Leas-Chathaoirligh over the same period. It should be noted that this Committee will have absolutely no power to make decisions but will make recommendations to the full Council for consideration.

The Motion was seconded by Councillor Collins (M).

25. Notice of Motion submitted by Councillor M. McCreesh

I will move at the next Meeting that a Committee be established comprising Members from all parties represented on this Council to organise and arrange events for the Centenary of the 1916 Rising.

The Motion was proposed by Councillor McCreesh and seconded by Councillor Quinlivan.

There was much discussion regarding the importance of these commemorations and it was agreed that the Committee being set up should be all- inclusive with representation from each Party, as a vital part of the country’s history was being celebrated. It was very important that Limerick honour this. It was also stated that there should be public representation on the Committee via the Strategic Policy Committees. Councillor Prendiville stated that they did not wish to be represented on the proposed Committee.

20. Notice of Motion submitted by Cmhlr. S Ó Ceallaigh

I will move at the next Meeting that this Council introduce a bye-law to have the Irish language and English language names spelt in the same font size on the following permanent signage: (i) Way Signs, (ii) Name Plates, (iii) Street name Plates, and that a Gaelic style font will be used in order to differentiate between the Irish and English names on these signs. This will be implemented on a basis of new signage required, and will not require the replacement of any signs due to this bye-law alone.

Cmhlr. Ó Ceallaigh, in proposing the Motion, stated that the title of Mayor should be used in Irish. He further added that where street signs and community signs were concerned, the top line should be in Gaelic script style. This, he said, would apply for new signs or signs that were being replaced.

The Motion was seconded by Councillor Secas who fully appreciated the benefits of two languages. She further stated that Limerick City and County Council should encourage shop owners to have their signs in Irish.

21. Notice of Motion submitted by Councillor J. Sheahan

I will move at the next Meeting for a change to be made to the wording of Objective SS 05 Chapter 3, Page 6, in the Limerick County Development Plan 2010-2016 to read: In order to retain the identity of towns/villages, to prevent sprawl, and to ensure a distinction in character between built-up areas and the open countryside, it is an objective to avoid linear frontage development leading out of towns and villages except in exceptional circumstances. Objectives A1, F1, M1, FM1, MP1, for the settlements of Foynes, Murroe, Athea, Fedamore and Montpelier respectively should change text to replace the word "directed" with "encouraged."

In proposing the Motion, Councillor Sheahan (J) stated that it was necessary to avoid linear development. He added that statements of design had been published on the towns mentioned in the Motion.

Councillor Sheahan (K) seconded the Motion.

REPLY: The changes proposed to the policies are as follows (words to be omitted are shown as strikethrough and words to be added are underlined).

Objective SS 05: Prevention of Urban Sprawl

In order to retain the identity of towns / villages, to prevent sprawl, and to ensure a distinction in character between built-up areas and the open countryside, it is an objective to prevent avoid linear roadside frontage development on roads leading out of towns and villages except in exceptional circumstances.

The proposal is also to amend the following Objectives:

Objective A1:

Development shall be directed encouraged inside the development boundary of the town as indicated on Map A-1. All development proposals will have regard to the Athea Village Design Statement.

Objective F1:

Development shall be directed encouraged inside the development boundary of the town as indicated on Map A-2. All development proposals will have regard to the Foynes Theme Town Plan recently published by Limerick County Council.

Objective M1:

Development shall be directed encouraged inside the development boundary of the town as indicated on Map A-3. All development proposals will have regard to the ‘Murroe Village Design Statement’ adopted by Limerick County Council.

Objective FM1:

Development shall be directed encouraged inside the development boundary of the town as indicated on Map A-4 and in areas zoned for development according to the land use zoning objectives and land use zoning matrix.

Objective MP1:

Development shall be directed encouraged inside the development boundary of the town as indicated on Map A-5 and in areas zoned for development according to the land use zoning objectives and land use zoning matrix.

It is considered that the proposed changes do not serve any purpose in that they do not alter the overall meaning of the objectives in the plan. The Planning and Development Act 2000 (as amended) requires objectives in the County Development Plan to be consistent with Section 28 Ministerial Guidance Documents, such as “Sustainable Rural Housing,” 2005, “Sustainable Residential Development in Urban Areas,” 2009, and Local Area Plan Guidelines for Planning Authorities,” June 2013. All of these guidelines support the need for a clear distinction between the urban edge and the open countryside in small towns/villages, which is what these objectives require.

The Notice of Motion proposed would require a variation to the County Development Plan to implement the changes. The variation is an onerous process and, in this case, would not achieve any difference in the outcome of the policy.

Councillor Sheahan (J) stated that he had no problem going to the Minister. He added that a clear definition of rural and country was required. The country, he added, had a scattered settlement policy which had been inherited with no real plan for the open countryside. He queried that if the Motion changed nothing, why was it not just put through.

The Senior Planner stated that it was the function of the Council to either make or vary the Plan and that the matter could be discussed further at the Economic Development and Planning Strategic Policy Committee. This was agreed.

22. Notice of Motion submitted by Councillor S. Keary

I will move at the next Meeting that Limerick City and County Council calls on the Minister for Justice and the Minister for Children to investigate the alleged movement of sex offenders from Northern Ireland to the twenty-six county Republic and, in particular, Limerick City and County.

Councillor Keary proposed the Motion in making reference to the Maria Cahill case.

Councillor Galvin, in seconding the Motion, said that names of offenders had been given to the Gardaí. He stated that he hoped justice would take its course. He requested that the Motion be circulated to all Local Authorities and this was agreed.

23. Notice of Motion submitted by Councillor M. Donegan

I will move at the next meeting that Limerick City and County Council establish an external independent investigation into the actions of Limerick County Council in relation to the proposed development at Ardagh (Planning Application Ref Nos. 06/3641 & 08/1288).

Councillor Donegan stated that he wished to make an amendment to the wording of the Motion to read as follows: “I will move at the next Meeting that the Minister for the Environment, Community and Local Government be requested to establish an external investigation into the actions of Limerick County Council in relation to the proposed development at Ardagh (Planning Application Ref Nos. 06/3641 & 08/1288).”

The Motion, as amended, was seconded by Councillor Sheahan (J).

Councillor Donegan stated that he wanted the matter dealt with speedily.

24. Notice of Motion submitted by Councillor S. Lynch

I will move at the next Meeting that priority be given to setting up the Joint Policing Committee as soon as possible to support An Garda Síochána at a time of great change for the Force in light of the recent Garda Inspectorate report.

Councillor Lynch, in proposing the Motion, stated that the recently released report on the Gardaí was very unfair. He hoped that all of the resources would not be spent on technology because the Gardaí were stretched beyond belief. He added that criminals were preying on the vulnerable. He said that it was imperative that the Joint Policing Committee be set up without delay to support the Gardaí.

Councillor O’Hanlon seconded the Motion.

REPLY: The Garda Commissioner has been requested to nominate two representatives to the Joint Policing Committee and steps are in train to fill the five places assigned to Oireachtas Members. When this Section of the Committee is in place, it is proposed, in accordance with the Guidelines, that the Committee will meet to decide the most appropriate community-based organisations or groups that should be represented to fill the final seven places on the Committee.

It was noted that item No. 25 had been dealt with earlier.

It was noted that Item No. 26 had been taken earlier in the Meeting.

27. Correspondence:

The Correspondence circulated with the Agenda was taken as read.

Reference was made to a letter in ‘Correspondence’ from Kerry County Council dated 12 th November, 2014, addressed to the Chief Executive, urgently seeking a by-pass for Adare.

It was suggested by Members that the Adare by-pass should be looked at in conjunction with the Foynes-Limerick route selection process. Members stated that there was constant traffic congestion in Adare and that pressure should be kept on the Minister and on the National Roads Authority.

The Director of Travel and Transportation stated that public consultation would take place early in the New Year regarding Foynes-Limerick route.

Request from Limerick City Business Association:

With the permission of the Mayor, it was noted that a request had been received from the Limerick City Business Association who wished to make a presentation to all Strategic Policy Committees and to the full Council.

CHIEF EXECUTIVE’S ORDERS:

The Register of Orders made by the Chief Executive up to the date of the Meeting was available in the Council Chamber for inspection by the Members.

PLANNING AND DEVELOPMENT:

The Register of Decisions on applications under the Planning and Development Acts, 2000-2014, was also available in the Council Chamber for inspection by the Members.

Signed: ______Mayor

Date: ______